Chairman
Hart mentioned that a member of the commission was an applicant for an item and
would step down during that item.

COMMENTS
BY THE PUBLIC REGARDING THE COUNTY LAND USE CODE:

None

COMMENTS
BY THE PUBLIC REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA:

None

APPROVAL
OF THE MINUTES FOR THE NOVEMBER 17, 2010 MEETINGS:
MOTION by Commissioner Cox to approve the minutes,
seconded by Commissioner Glick. This received unanimous voice approval.

AMENDMENTS TO THE AGENDA:

None

CONSENT ITEM:

ITEM #1 NORTHFIELD CONSERVATION DEVELOPMENT #10-S2997
: Mr. Helmick provided
background information on the request for a preliminary plat for a three lot
Conservation Development on 39.3 acres, creating two lots of 2.9 acres and a
residual lot of 33 acres with an existing home located northeast of Wellington,
at the north end of Waldo Lane, north of County Road 66 ½ mile east of County
Road 5. The request also included an appeal to Section 8.14.4.D of the Larimer
County Land Use Code requiring all utilities to be placed underground. The
applicants were appealing placing the exiting utilities to the existing home
underground but were willing to place the utilities to the new home sites to the
north underground.

Commissioner
Weitkunat asked about the policy for underground utilities.

Mr.
Helmick stated that the requirement was more than 20 years old with a purpose
of aesthetic and safety of infrastructure. If the site had no improvements,
utilities would be required to be placed underground. Since there were
existing improvements, the Staff concurred with the applicant to not
underground the utilities to the existing homestead. Any new extension of
utilities to the northern most sites would have to be underground.

DISCUSSION:

Commissioner
Cox moved that the Planning Commission adopt the following Resolution:

BE IT RESOLVED that the Planning Commission recommend to
the Board of County Commissioners that Northfield Conservation Development and
appeal to Section 8.14.4.D of the Larimer County Land Use Code, file #10-S2997,
for the property described on “Exhibit A” to the minutes, be approved subject
to the following conditions:

ITEM #2 AMENDMENTS
TO THE LARIMER COUNTY LAND USE CODE, SECTION 10 - SIGNS #10-CA0012:
Mr. Lafferty provided background information on the
request to amend the Land Use Code,. Sections 0.1 definitions, 4.3.10.B.3.a. –
Home Occupation, 5.7.3 Amended Plat review criteria, 8.2.11.A.6. and 10. –
Wetlands and 8.14.1.M.2. – Development Design for Land Division.

PUBLIC TESTIMONY:

None

DISCUSSION:

Commissioner
Cox moved that the Planning Commission adopt the following Resolution:

BE IT RESOLVED that the Larimer County Planning
Commission recommend to the Board of County Commissioners approve the Amendments
to the Larimer County, file #10-CA0113, as follows:

1. Amend
Section 0.1 Definitions as follow:

Community hall.
A facility used for
recreational, social and cultural activities., open to the public or
a designated part of the public and usually owned and operated by a public or
nonprofit group or agency. (Note: when we changed the use description
for community hall we did not change the definition. This change will make the
them consistent.)

Dwelling.
A building or portion thereof
used for residential occupancy, including cabin, single-family, duplex and
multiple-family dwellings. It does not include hotels, motels, boarding/rooming
houses, resort cabins, lodges, guest houses or manufactured homes that comply
with the "National Manufactured Standards of 1974," 42 U.S.C. 5401 et
seq., as amended. A dwelling may be leased or rented for any time period.
A dwelling may be leased or rented for any time period provided that the use of
the property as a rental unit does not convert the property to a use
contemplated by tourist or accommodation zoning, i.e. as a resort cabin,
providing single night transient rentals. (Note: delete redundant sentence)

Restaurant-sit down.
A facility
where food and/or beverages are prepared and served to patrons for consumption
primarily within the principal building.

Restaurant-take out.
A facility
where food and/or beverages are sold in a form ready for consumption primarily
off the premises. (Note:
we now just have one definition for a restaurant.)

Jail/
Prison/
detention
center.
A facility for the processing and confinement of people held in lawful custody.
(Note: we are changing this to be consistent with the recently updated use
description.)

2. Amend
Section 4.3.10.B.3.a by amending the chart as follows:

Home
Occupation(Note: the chart is not properly formatted Replace the
existing chart with the following. No language has been changed.)

6. A maintenance program that includes
weed control; litter and debris removal; erosion control; watering, repair of
water-control structures; maintenance of vegetation and wildlife habitat; and
cleaning of culverts. The maintenance program must be included in the use plan
for residual land and/or common area described in section 8.108.14.6;

10. A three-year, post-construction
monitoring program. The monitoring program must be included in the use plan for
residual land and/or common area described in section 8.10108.14.6;
[and]

5. Amend Section
8.14.1.M.2. – Development
Design for Land Division as follows:

2. The county commissioners find that
road connectivity to adjacent parcels is not needed or practical and have
granted an appeal to Section 8.14.21.R (connectivity).

ITEM #3 PRAIRIE GARDEN SPECIAL REVIEW #10-Z1812:
Ms. Stauffer provided background information on the request for a Special
Review to allow a Community Hall (Events Center) located at 3634 W County Road
60, at the intersection of W. County Road 60E and Savvy Place, north of Highway
287, west of County Road 19. The applicant was seeking to add a new venue for
weddings, receptions, and other family oriented events. The single-family
residence would remain, and the proposed venue would occupy a portion of the
property west of the existing house. A renovated barn and an adjacent
landscaped/lawn area would be use for the events. One room in the main
residence would serve as the dressing room for the bridal party. The community
hall/events center would host events on weekends from May through September.
One event would be held per day with approximately 20-24 events over a 5-month
season. Events would not exceed 30 per year. Events would be limited to 90
guests and parking on the site could accommodate about 35 vehicles. Activities
would occur inside and outside, though any music would be inside the building.
The applicant was proposing hours of operation to be limited to no later than 10:00
pm. Additionally, the applicant provided a noise mitigation plan that
indicates that all amplified music would be indoors and all music to be shut
off at 9:30 pm. Ms. Stauffer explained that the proposed development would
generate less than 20 new vehicle trips per day over the course of a year and paving
of the road would not be required. The applicant was proposing a 180’ X 80’
gravel parking lot for guests. She noted that there were neighborhood
concerns; however, the Development Services Team was recommending approval.

Commissioner Hess asked if future owners would be held to the noise
mitigation plan.

Ms. Stauffer stated that the use would run with the property and all
future owners would be held to the requirements of the Special Review.

Duane Bush, applicant, stated that they wanted to have minimal impact to
the neighbors and try to keep the proposed use small. It would be a self-catered
event with no hard alcohol allowed. They were suggesting the use of chartered
buses in and out of the site to minimize traffic. All amplified music would be
kept inside, and all events would be limited to no later than 10:00 pm. He
stated that last year they did hold events without the knowledge that county
approval was needed. The County Commissioners allowed events to continue
through half of the summer, and they shut down in early July.

Commissioner Cox asked how long they have lived on the site.

Mr. Bush replied since 2002.

Commissioner Cox asked if they were aware of the subdivision covenants.

Mr. Bush replied yes; however, they did not feel that they were in
violation of the covenants.

Commissioner Hess asked how they would police 35 vehicles.

Mr. Bush stated that the parking lot only held 35 vehicles.

Commissioner Hess pointed out that that the cars could park on the
street.

Mr. Bush stated that they would not allow street parking.

Commissioner Hess asked how many events were held last summer.

Mr. Bush replied four weddings were held from May to July.

Commissioner Glick asked how they would limit 90 people/guests.

Mr. Bush replied that they would put language in the contracts stating
that stipulation or they would have to turn people away.

Commissioner Wendt asked if the parking spaces were limited to the parking
area.

Mr. Bush stated yes; however, there was an additional area for handicap
parking.

PUBLIC TESTIMONY:

David
Osborn, attorney, stated that the applicant built the barn without a permit and
started the use without approval. He did not believe that the applicant would
comply with any of the conditions. He outlined the covenants of the Lovata RLUP,
which stated that 75% of the surrounding neighbors had to be in support which
was not the case. He stated that intentional misconduct would be rewarded. He
was also concerned about drinking and driving. The parking area was inadequate
and people would end up parking on the road. He remarked that there was no way
to regulate the drinking or the parking. He also pointed out that property
values would be decreased.

Mark
Reed, 6883 N County Road 21, lived adjacent to the proposed events center. He
believed that preserving the historical land use was important, and the event
center request was not a proper use of the RLUP philosophy. Along with that, County
Road 21 was not designed for that kind of traffic. He stated that there would
be reduced public safety with all the vehicles and the drinking. In addition,
the rural feel of the neighborhood would be depleted. He requested that the
event center be denied.

Pat
Reed, 6883 N. County Road 21, stated that her property was purchased in 2002.
Her 70 acres had about 10 cars that drove by. The parcel was originally 80
acres with two, five acres parcels split off. She pointed out that there were
covenants with the RLUP and her property was under a 40-year conservation
easement. She stated that she did not want the added noise. She also pointed
out that there was 10 miles to the closest fire station, and she was worried about
the possible hazards as the guests would have to drive by her property. She
also noted that the police were not close by either. She felt that the barn
was built with the intention to hold the events. She stated that she was able
to hear the events from her home. She showed a picture of the road, which was
treated gravel. She stated that the use was not compatible with the
surrounding neighborhood. She also remarked that they were advertising for the
business, which she provided a copy of.

Karen
Crawford, resident on County Road 60E, stated that she did feel an impact from
the events that were held last summer. She bought her property for the rural
area and would be affected by the added traffic and people. She stated that
the neighbors were not in support of the proposal. She wondered about the
catering vehicles, band vehicles, deliveries, etc. She also did not know how
the alcohol would be regulated. She stated that they started the business
without an approval, and she did not feel that it should be approved in the
rural area. She stated that if approved and the conditions of approval were
broken the neighbors would have to be the ones to police it. She stated that
she could hear the events and the vehicles.

Mr. Bush
stated that the barn was built with a permit but some renovations made to the
barn were done without a permit. He stated that he was working with the code
compliance department to rectify that issue. He stated that they were unaware
that they needed an approval for the small events but was trying to rectify
that with the Special Review. He noted that all advertisements were pulled
last summer. He stated that typically there was one vehicle in and one vehicle
out for the caterers, florists, etc. He stated that they planned to put anther
row of trees in to help buffer the noise. He understood that traffic would increase
but hoped to keep it minimal with the small events. He stated that in the
past they had no issues with alcohol.

Commissioner
Miller asked if it was their intent to have the events when they purchased the
property.

Mr. Bush
replied no. He also did not believe that having a home business went against
the covenants.

Ms.
Stauffer explained that Larimer County did not enforce covenants.

Commissioner
Wallace asked who lived directly east of the property.

Mr. Bush
stated that Claudia Hershey owned the property but was renting it out.

DISCUSSION:

Commissioner
Cox asked if a commercial use had ever been approved during the Rural Land Use
process.

Ms.
Stauffer believed that the primary intent was rural land
agricultural/residential. The county commissioners did decide that Rural Land Use
lots were similar to any lot in the county.

Commissioner
Dougherty asked about the vehicle trips.

Eric
Tracy, Engineering Department, explained that the number of trips were
calculated by taking the number of guests at an event (90) by 2.5 people
averaged to be in a car. The average was calculated for a years time

Commissioner
Wallace asked if the 90 guests would include the caterers, florists, etc.

Mr.
Lafferty replied that it was presumed that it would.

Commissioner
Wallace commented that it was not in the prevue of the permit process to
monitor liquor as it was not a land use issue.

Commissioner
Glick asked if vehicle trip calculation could be done over the 5 month period that
of the events rather than a one year period.

Mr.
Tracy stated that by that calculation there would be 20 trips per day.

Commissioner
Cox asked what the response time was for emergency services regarding safety.

Ms.
Stauffer replied that the sheriff would respond but there was also a
possibility to have private security.

Commissioner
Glick stated that compatibility was an issue with the surrounding uses.

Commissioner
Weitkunat stated that there was non-compatibility with the surrounding
neighbors.

Commissioner
Hess stated that compatibility was a concern, and she did not see the
applicants being prepared to enforce the conditions.

Commissioner
Dougherty had a concern with the road use and parking on the road. He also
wondered how the number of people and vehicles would be regulated.

Commissioner
Wendt echoed Commissioner Glick. He also did not feel that compatibility
should be defined by a lack of concerns/complaints from the community. However,
he did not feel that the use was a good fit with the neighborhood.

Commissioner
Miller stated that he had an events center in his rural community and it had
blended into the neighborhood. He also did not believe that something should
be viewed as incompatible just because someone did not like it.

Commissioner
Wallace went over the review criteria. She stated that the surrounding area
was predominately agricultural uses. She also stated that the access was two
miles from a paved road, which would inhibit emergency response time. The
proposal also seemed to cause a substantial adverse impact to the surrounding
area. Finally, the distance of the roads and seclusion of the property was a
negative.

Commissioner
Cox moved that the Planning Commission adopt the following Resolution:

BE IT RESOLVED that the Planning Commission recommend to
the Board of County Commissioners that Prairie Garden Special Review, file #10-Z1822,
for the property described on “Exhibit B” to the minutes, be denied.

Chairman
Hart noted that Commissioner Glick recused himself from the hearing as he was
the applicant for the following Conservation Development.

ITEM #4 S BAR G CONSERVATION DEVELOPMENT #10-S2953:
Mr. Helmick provided background information on the request for a four lot
Conservation Development on 51.6 acres located ¼ miles west of Highway 1 on the
north side of Douglas Road. The request also included appeals to the Larimer
County Land Use Code Section 8.14.1.O Gated Private Road, Section 8.14.1.M Roads
must be public right-of-way, Section 8.14.1.R Connectivity, and Section 8.8.4.D
regarding additional ditch easement. The site was served by public water and
in the service area of the Cherry Hills Sanitation; however, no taps were
available for any additional service in the area. The site was surrounded by
the Jackson Ditch and a portion of the site was classified as a Class 3
Wetland. The proposal was to cluster three lots, two of 2 acres, one of 18
acres, and one of 27 acres which would be a Residual Lot with a 2 acre building
envelope where the applicants residence was already present. He explained that
the site was in the East Larimer County Water District (ELCO), which would
serve the three new lots. The applicant’s home was currently served by a
domestic well. Mr. Helmick noted that the State Engineer commented that the
subdivision of the property into four lots would represent a material injury to
the water rights for the State of Colorado and for the fourth lot to continue
to be served by the individual well the applicant would need to have an
augmentation plan. Along with proposal, the applicant was proposing an appeal
to Section 8.14.1.O to have a gated private internal road system, and an appeal
to Section 8.14.1.R regarding connectivity. Mr. Helmick noted that both were
supported by the Development Services Team. He explained that the Jackson
Ditch currently had an easement 40 feet in width on the entirety of the ditch
through the property, and the Jackson Ditch was asking for an additional 20
feet on either side of the ditch above the high water line. The applicant disagreed
with that recommendation as he felt the ditch easement in place was adequate and
was therefore appealing Section 8.8.4.D of the Land Use Code. Mr. Helmick
explained that the original plan proposed Lot 3 to be 18 acres with a building
envelope for one lot. The full development potential was not being used; as a
result, Lot 3 had the potential to development in the future if public access,
public sewer, and connectivity could occur all of which were believed to be
long term, difficult issues. However, the applicant was choosing not to forgo
that opportunity and maintain the availability for the future. Mr. Helmick
explained that due to the water issues the applicant was proposing an
alternative plan which made Lot 3 13 acres and Lot 4 38 acres. If issues could
not be resolved with the State Engineer then it was his intention to submit a
Minor Land Division (MLD) application to divide the 38 acres to the north off
from the balance of the property. The remaining 13.5 acres would be divided as
a three lot Conservation Development. The new plan was to create a way for the
applicant not to go through a costly augmentation or have to extend a water
line 1100 feet to his current home. If the applicant split off the 35 acres
surrounding his home he could retain his well and it would still allow him to
do a Conservation Development on the balance of the property.

Commissioner Miller asked why water would have to be provided if the other
three lots were on a tap from a municipality.

Mr. Helmick explained that in the State Engineer’s evaluation they concluded
that although the three new lots would be served by public water and the
existing home would continue to be served by the existing well it was determined
that there would be material injury to the water rights of the State of
Colorado. Based on those comments the applicant would have to obtain a tap for
his home or create 35 acres to keep his well.

Commissioner Miller asked if the Jackson Ditch was currently maintaining
the ditch with the easement already in place.

Mr. Helmick deferred the question to the applicant.

Commissioner Hess confirmed that due to the State’s comments creating a
Minor Land Division before the Conservation Development would be the most
economical choice for the applicant.

Mr. Helmick explained that if the Minor Land Division did take place then
the proposal would be a three lot Conservation Development rather than a four
lot Conservation Development. The 38 acre balance would not be a part of the
Conservation Development plat.

Commissioner Hess asked if the 38 acres split off by the Minor Land
Division would have restriction for no further development.

Mr. Helmick replied yes.

Commissioner Wendt asked about the gated road.

Mr. Helmick explained that all roads must be public unless it was found
that there could be no connectivity and the service providers had no conflict.
Connectivity was unlikely and the service providers found no conflict with the
proposed road; therefore, a recommendation of approval regarding the appeal to
Section 8.14.1.O could occur.

Chairman Hart asked about the issue of the Jackson Ditch easement.

Mr. Helmick explained that the applicant felt that he was not changing the
context of the ditch, not changing the use of the ditch, and the easement had
been adequate for some historic period of time; therefore, he did not
understand why additional easement was necessary.

Scott Glick, applicant, explained that the access to the ditch would not
change with the proposal. He noted that the development did not encroach upon
the ditch easement and chose to keep the ditch easement under one lot (proposed
residual lot) to make it easier for the ditch company. He stated that he
talked to the Jackson Ditch and understood the Ditch Company’s concerns but
wondered how he would be compensated for the additional easement. The Ditch
Company stated that they did not pay for land. He stated that at the
neighborhood meeting there was a concern of the location of the leach field on
Lot 2. As a result, soils test were done to make sure the criteria for an
individual sewage system were met. He explained that the new plat (if a minor
land division was done) would create a 13 acre Conservation Development
creating an 8-acre lot, 2-acre lot, and 2.5 acre lot. He stated that potential
future development on Lot 3 was very slim as access, connectivity, and such
would have to be changed. He stated that if the 38 acre lot was created
through the MLD process then he would have no problem restricting development
on that lot. He stated that doing the MLD process was more practical as
augmenting water or extending a water line were very costly alternatives.

Commissioner Hess asked about the ditch easement.

Mr. Glick explained that there was a 20-foot easement from the centerline
of the ditch. Jackson Ditch wanted to add an additional 20 feet from the high
water line of the ditch. He stated that the ditch had historically been
maintained with that easement in place since 1870.

PUBLIC
TESTIMONY:

Tom
Peterson, neighbor, stated that there was traffic and safety issues as there
were Russian Olive trees along Douglas Road, which caused blocked sight
distance. He was also concerned about the drainage as it had been affecting
the neighbor to the south. He believed that Lots 1 & 2 should have specific
drainage plans completed and there should be a condition to require site-specific
grading plans for each of those lots. He believed that it was poor planning to
put a septic system next to an already developed property. He stated that the
soils in the site were not very good and surrounding lots had past septic
system issues. He stated that Eagle Lake was having drainage issues with Dixon
Reservoir (Eagle Lake) and was concerned with the overall drainage for the area.
He felt that there were many requests for variances to the code but did not
feel that there was enough testimony/explanation to warrant those variances.

Jim Kriewall,
4036 Eagle Lake South, questioned what would happen to Residual Lot A. He
wondered if there could be more development on it.

Mr.
Helmick explained that if it was platted as a Residual Lot then no additional
development could occur on the property perpetually.

Mr.
Kriewall asked if Lot 3 could be developed with additional homes.

Mr. Helmick
replied yes, if the existing private road was converted to a public road.

Mr.
Kriewall stated that he had no objection with three or four more homes but
wanted to understand whether there was the potential for many more homes.

Brenda Carns,
180 W. Douglas Road, lived adjacent to the proposed Lot 2. She was concerned
about the drainage and the location of the proposed leach field. She explained
that she had trouble with groundwater coming to her home, and she was concerned
that installing a new septic system would not absorb the water and there would
be additional problems. She wanted to know what mitigation measures would be put
into place regarding the drainage to her property and pasture. She remarked
that traditionally drainage came through her pasture but after the applicant
started to improve his property the water started to change course and created
a ravine on her property. She was concerned about run off from other
properties potentially being toxic to her pasture and horses. She also had
concerns regarding the visibility regarding traffic and access to the proposed
property. She stated that she was confused about what was being proposed and
concerned about the future development potential.

Mr.
Glick stated that the drainage had been established for a long time and he had
done nothing to change the path of the drainage. He stated that he would be
wiling to dedicate more easement but the ditch company had not provided
sufficient evidence as to why more easement was needed. They were also
unwilling to compensate for the loss of land/development potential. He stated
that with the change to the plat and decreasing the acreage to Lot 3 the
development potential was being significantly decreased. He explained that if
Lot 3 was only 8 acres with a 2 acre building envelope and any future
development did occur the Conservation Development standards would require 4
acres of residual land. As a result, it would only allow the development
potential of one more lot on the proposed Lot 3.

Commissioner
Wendt commented that Mr. Peterson’s and Ms. Carns’ concerns could be addressed
if a sight specific drainage plan was done.

Mr.
Glick spoke to the site specific plan for the septic systems and leach fields.
He stated that it was the engineer’s opinion that it would not have a
significant impact or significant increase in drainage.

Commissioner
Weitkunat wanted clarification of what was being proposed. She also pointed
out that there was a public view who might think preferential treatment was
being done.

Mr.
Helmick explained that in response to the State Engineer there was one proposal
with two options being proposed. The first option was to create a 38-acre
residual/exemption lot through the Minor Land Division process leaving the balance
of the property, which was 13 acres, to become a three lot Conservation
Development. Option 2 was for the applicant to go through the water
augmentation process or extend a water line which would create a four lot
Conservation Development. It was an effort to allow two options so the
applicant would not have to go through the public hearing process twice for
essentially the same proposal/result.

Mr.
Glick believed that he had been held to a higher standard. He stated that he
notified more neighbors for the meeting then were required, and he had spent a
lot of time on the proposal. He explained that he had to react to the comments
from the State Engineer thus causing a change to the originally submitted plat.

Mr.
Helmick recommended an additional condition, Condition 7, which would state,
“The Larimer County Planning Commission finds that an alternate plat for
development which would constitute a Minor Land Division (MLD) creating a
38-acre parcel and 13.5-acre parcel restricting further development on the
38-acres and finding a Conservation Development plat on the 13.5-acre of three
lots meets the requirements of the Land Use Code and is recommended to the
Board of County Commissioners with the conditions noted here.”

Chairman
Hart commented that drainage and septic systems seemed to the substantial
issue. He asked if there were any outstanding issues regarding those items.

Doug
Ryan, Health Department, explained that the Health Department reviewed the
proposal and septic system plans. At the time of building permit, the Health
Department would require an engineers’ design of the system.

Eric
Tracy, Engineering Department, explained that a drainage memo was required by a
professional engineer, which was provided by the applicant. The conclusion
from that report stated that “the nature and amount of improvements associated
with the site were slight creating no adverse affects on the site or down
stream”. The Engineering Department agreed with that statement.

DISCUSSION:

Commissioner
Miller felt that the applicant had gone above and beyond to address all
standards and concerns. He was recommending approval.

Commissioner
Dougherty felt that the application met all the review criteria. He would
recommend the application be approved.

Commissioner
Hess believed that the applicant had met the standards.

Commissioner
Weitkunat stated that the application was confusing and felt that it was very
confusing to the public. She felt that the applicant had done his due
diligence.

Commissioner
Cox stated that it was compatible with existing and allowed land uses.

Commissioner
Wallace believed that it complied with the applicable requirements of the Land Use
Code. She also felt that the applicant had tried to protect the wetland area.
The ditch company needed to show a reason for additional easement but did not
address that in their letter. As a result, she felt that it had not been shown
that additional easement was a reasonable necessity.

Commissioner
Wallace moved that the Planning Commission adopt the following Resolution:

BE IT RESOLVED that the Planning Commission recommend to
the Board of County Commissioners that the S Bar G Conservation Development and
appeals to Section 8.14.1.O Gated Private Road, Section 8.14.1.M Roads must be
public right-of-way, Section 8.14.1.R Connectivity, and Section 8.8.4.D
regarding additional ditch easement of the Larimer County Land Use Code, file #10-S2953,
for the property described on “Exhibit C” to the minutes, be approved subject
to the following conditions and additional Condition 7:

1.
The Final
Plat shall be consistent with the approved preliminary plan and with the
information contained in the S BAR G CONSERVATION DEVELOPMENT PRELIMINARY PLAT
File # 10-S2953 except as modified by the conditions of approval or agreement
of the County and applicant. The applicant shall be subject to all other
verbal or written representations and commitments of record for the S BAR G
CONSERVATION DEVELOPMENT PRELIMINARY PLAT.

2.
The following
fees shall be collected at building permit issuance for new single family
dwellings: Poudre School District school fee, Larimer County fees for County
and Regional Transportation Capital Expansion, Larimer County Regional and
Community Park Fees (in lieu of dedication) and drainage fees. The fee amount
that is current at the time of building permit application shall apply. .

3.
All new
residential structure shall be fire sprinkled.

4.
All habitable
structures will require an engineered foundation system. Such engineered foundation
system designs shall be based upon a site specific soils investigation. The
lowest habitable floor level (basement) shall not be less than 3 feet from the
seasonal high water table. Mechanical methods proposed to reduce the ground
water level, unless it is a response after construction, must be proposed on a
development wide basis.

5.
Passive radon
mitigation measures shall be included in construction of residential structures
on these lots. The results of a radon detection test conducted in new dwellings
once the structure is enclosed but prior to issuance of a certificate of
occupancy shall be submitted to the Building Department. As an alternative, a
builder may present a prepaid receipt from a radon tester which specifies that
a test will be done within 30 days. A permanent certificate of occupancy can
be issued when the prepaid receipt is submitted.

6.
The private
access road, hammerhead turn around and gated entry are subject to final review
and approval by the Larimer County Engineering Department and the Poudre Fire
Authority.

7. The Larimer County
Planning Commission finds that an alternate plat for development which would
constitute a Minor Land Division (MLD) creating a 38-acre parcel and 13.5-acre
parcel restricting further development on the 38-acres and finding a
Conservation Development plat on the 13.5-acre of three lots meets the
requirements of the Land Use Code and is recommended to the Board of County
Commissioners with the conditions noted here.

REPORT
FROM STAFF:Mr. Lafferty
reminded the Commission of their upcoming meetings.

ADJOURNMENT:
There being no further
business, the hearing adjourned at 10:30 p.m.

These
minutes constitute the Resolution of the Larimer County Planning Commission for
the recommendations contained herein which are hereby certified to the Larimer
County Board of Commissioners.

_______________________________ ______________________________

Gerald
Hart, Chairman Jana Hess,
Secretary

EXHIBIT A

BEING
A PORTION OF TRACT "c"
OF THE SOLOMON

EXEMPTION
TOGETHER WlTH A PORTION OF THE

NORTHWEST
QUARTER OF SECTION 23, TOWNSHIP 9

NORTH,
RANGE 68
WEST OF THE 6TH P.M., MORE

PARTICULARLY
DESCRIBED AS FOLLOWS, TO WIT;

CONSIDERING
THE SOUTH LINE OF THE SOUTHWEST

QUARTER
OF SAlD SECTION 23 AS BEARING NORTH

89
°
59'09" WEST AND WlTH ALL BEARINGS CONTAINED

HEREIN
RELATIVE THERETO;

BEGINNING
AT THE CENTER QUARTER CORNER OF

SAlD
SECTION 23;

THENCE,
ALONG THE EAST LlNE OF SAlD SOUTHWEST

QUARTER,
SOUTH 00°
01 '06" WEST 1141.19 FEET TO

THE
NORTHEAST CORNER OF LOT 1 OF THE WALDO

CONSERVATION
DEVELOPMENT;

THENCE,
ALONG THE NORTH LlNE OF SAlD LOT 1,

NORTH
89°
59'10" WEST 1320.04 FEET TO THE EAST

LINE
OF THE NORTHWEST QUARTER OF SAlD

SOUTHWEST
QUARTER;

THENCE,
ALONG SAlD EAST LINE AND A

PROLONGATION
THEREOF, NORTH 00°
00'35" EAST

1284.82'
TO THE NORTHERLY LlNE OF THAT PARCEL

DESCRIBED
AT RECEPTION NUMBER 93072732;

THENCE
ALONG SAlD NORTHERLY LlNE BY THE

FOLLOWING
THREE (3) COURSES:

1)
NORTH 88°
47'37" EAST 96.18 FEET;

2)
THENCE NORTH 89°
39'36" EAST 105.38 FEET;

3)
THENCE NORTH 88
°
'53'51 "
EAST 1118.92 FEET

TO
THE EAST LlNE OF SAlD NORTHWEST QUARTER;

THENCE,
ALONG SAlD EAST LINE, SOUTH 00
°01'11
"

WEST
168.1 3 TO THE POINT OF BEGINNING, LARIMER

COUNTY,
COLORADO;

EXHIBIT B

.
SITUATE, LYING AND
BEING IN THE COUNTY
OF LARIMER AND STATE

OF COLORADO, DESCRIBED AS FOLLOWS:

LOT 2, LOVATA R.L.U.P. 98-EX1178, COUNTY OF LARIMER, STATE

OF COLORADO.

ADDRESS: 3634
W COUNTY
ROAD 60E; FORT COLLINS, CO 80524

EXHIBIT C

Lot 2 of the Amended Plat of a portion
of Tract B of the E.W. Stewart Exemption, situate in the Southeast 114 of
Section 23, Township 8 North, Range 69 West of the Sixth P.M., County of
Larimer, State of Colorado, being more particularly described as follows,
to-wit; considering the South line of said Section 23 as bearing S89
°
55'00"W and
with all bearings contained herein relative thereto, is contained within the
boundary lines which begin at a point on the East line of said Southeast 1/4
which bears N00°00'40"W 287.00 feet from the Southeast Corner of said
Section 23, and run thence S89
°55'00"W
348.44 feet; thence South 207.00 feet to a point in the existing North
right-of-way line of County Road No. 54; thence along said existing North
right-of-way line, S89°55'00" W 72.30 feet; thence N00
°
00'00"E
488.8 1 feet; thence N90°00'00" W 56 1.25 feet; thence N32
°
29'14"E 135
.00
feet; thence N79
°
07'00” E 157.93
feet; thence N29°
12'00"E
97.40 feet; thence N35°02'00"W 447.00 feet; thence N27
°
13'00"W
76.90 feet; thence N19°05'00"W 122.75 feet; thence N06
°
58'00" W
459.50 feet; thence N01°
10'30"E
500.85 feet; thence N24°
48'00" W
307.70 feet; thence N08°
24'00"E
62.41 feet to a point on the North line of the South 112 of said Section 23;
thence along said North line, N89
°
48'41”E 1203.74 feet to the East 1/4
corner of said

Section
23;
thence along the East line of said
Southeast 1/4, S00°00'40"E 2362.20 feet to the point of beginning,
containing 51.6149 acres, more or less.